HomeMy Public PortalAbout86-122RESOLUTION NO. 86-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARSON DECLARING ITS INTENTION TO ASSUME
RESPONSIBILITY FOR THE IMPLEMENTATION OF
CHAPTER 6.95 (COMMENCING WITH SECTION 25500)
OF DIVISION 20 OF THE HEALTH AND SAFETY CODE
RELATING TO HAZARDOUS MATERIALS RELEASE
RESPONSE PLANS AND INVENTORY
WHEREAS, AB 2185 and AB 2187 were adopted by the
California Legislature during its 1985-86 Regular Session and
were approved by the Governor, thereby adding Chapter 6.95
(commencing with Section 25500) to Division 20 of the Health
and Safety Code, relating to hazardous materials; and
WHEREAS, Chapter 6.95 of the Health and Safety Code
requires every county to implement provisions relating to
governmental responses to releases or threatened releases of
hazardous materials and the filing of business plans and
inventories by businesses handling hazardous materials, except
that a city may, by ordinance or resolution, assume that
responsibility within its boundaries; and
WHEREAS, any city which assumes responsibility for the
implementation of Chapter 6.95 of the Health and Safety Code is
required to designate a department, office, or other agency as
the administering agency responsible for administering and
enforcing said Chapter 6.95, and is also required to notify the
Office of Emergency Services and the county administrating
agency; and
WHEREAS, the Los Angeles County Board of Supervisors
has designated the Los Angeles County Forester and Fire Warden
as the county's administrating agency to implement Chapter 6.95
of the Health and Safety Code; and
WHEREAS, subject to and contingent upon the negotia-
tion and execution of a Memorandum of Agreement between the
City of Carson and the County of Los Angeles pertaining
thereto, the City desires to designate the Los Angeles County
Forester and Fire Warden as the City's administering agency
responsible for administering and enforcing Chapter 6.95 of the
Health and Safety Code;
NOW THEREFORE, BE IT RESOLVED by the City Council of
the City of Carson, as follows:
SECTION 1. That subject to and contingent upon the
negotiation and execution of a Memorandum of Agreement between
the City of Carson and the County of Los Angeles setting forth
the respective rights, duties and responsibilities of the
parties, the City hereby designates the Los Angeles County
Forester and Fire Warden as the administering agency
responsible for administering and enforcing Chapter 6.95 of the
Health and Safety Code.
SECTION 2. That said Memorandum of Agreement shall
include, to the extent reasonably feasible and practicable,
terms and provisions relating to the following:
A. The development of a computerized list of
all businesses in the City of Carson which are subject to the
provisions of Chapter 6.95 of the Health and Safety Code.
Resolution No. 86-122/Page 2 of 3
B. The delivery to the City of Carson of
quarterly reports relating to inspections, the identification
of safety hazards, exemptions granted, and violations
identified.
C. Coordination of activities with other public
agencies involved in regulating hazardous substances, hazardous
materials or hazardous waste.
D. Access by the City of Carson to a data
management system which will assist in the efficient
utilization of information collected under Chapter 6.95 of the
Health and Safety Code.
E. The delivery to the City of Carson of an
annual program assessment report and recommendations for City
Council review.
F. Joint development of the area plan for the
City of Carson, including coordination with the City's
emergency response plan and the Public Safety Element of the
City's General Plan.
G. The term of the Memorandum of Agreement,
which shall not exceed a period of two years.
H. The allocation of personnel to the City of
Carson by the County of Los Angeles for the purpose of
administering and enforcing Chapter 6.95 of the Health and
Safety Code.
SECTION 3. If a Memorandum of Agreement acceptable to
the City of Carson and the County of Los Angeles cannot be
negotiated within a 60 -day period following the adoption of
this resolution, then the administering agency shall be such as
may be designated in an implementing ordinance to be enacted by
the City Council.
SECTION 4. That the City Clerk shall certify to the
adoption of this resolution and submit copies thereof to the
Los Angeles County Forester and Fire Warden and the Office of
Emergency Services.
PASSED, APPROVED, AND ADOPTED this 27th day
of August , 1986.
ATTEST:
IT CL K
APPROVED AS TO FORM:
CITY ATTORNEY
860827 sas 0117WBR 1
-2-
Resolution No. 86-122/Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do
hereby certify that the whole number of members of the City Council of said City is
five; that the foregoing resolution, being Resolution No. 86-122 was duly and
regularly adopted by the City Council of said City at a regular meeting of said
Council, duly and regularly held on the 27th day of August, 1986, and that the same
was so passed and adopted by the following vote:
AYES:
COUNCIL
MEMBERS:
Calas, DeWitt, Mills and Muise
NOES:
COUNCIL
MEMBERS:
None
ABSTAIN:
COUNCIL
MEMBERS:
None
ABSENT:
COUNCIL
MEMBERS:
Egan
Clerk, City of Carson, California